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Mulford v. Sullivan

District Court of Appeal of Florida, First District
May 1, 1985
467 So. 2d 1093 (Fla. Dist. Ct. App. 1985)

Opinion

No. AY-473.

May 1, 1985.

Appeal from the Circuit Court, Duval County, Harold R. Clark, J.

Robert M. Barnes, II, of Barnes and Barnes, P.A., Jacksonville, for appellant.

Lacy Mahon, Jr., Jacksonville, for appellee.


The mother appeals from an order modifying the final judgment of dissolution, transferring the custody of the parties' youngest child from the mother to the father. She contends the fact that she has changed residences, the parties have experienced visitation difficulties, and both parties have remarried does not generally constitute a change of circumstances sufficient to justify a change in custody. We agree. McIntyre v. McIntyre, 452 So.2d 14 (Fla. 1st DCA 1984); Zediker v. Zediker, 444 So.2d 1034 (Fla. 1st DCA 1984); Tallent v. Tallent, 440 So.2d 623 (Fla. 2d DCA 1983); Robinson v. Robinson, 333 So.2d 526 (Fla. 2d DCA 1976); and Ritsi v. Ritsi, 160 So.2d 159 (Fla. 3d DCA 1964), cert. denied, 166 So.2d 591 (Fla. 1964). However, in addition to the factors already enumerated, the record in this case demonstrates that the parties' youngest child is suffering emotional problems which have evolved since the divorce and which have been related to the present custodial arrangement by expert testimony. Moreover, the father presented testimony from an expert witness that a change in custody would likely alleviate the child's problems and that a change would be in the child's best interests. On these facts, we are persuaded to affirm.

AFFIRMED.

SMITH, SHIVERS and WIGGINTON, JJ., concur.


Summaries of

Mulford v. Sullivan

District Court of Appeal of Florida, First District
May 1, 1985
467 So. 2d 1093 (Fla. Dist. Ct. App. 1985)
Case details for

Mulford v. Sullivan

Case Details

Full title:PATRICIA LEE MULFORD, APPELLANT, v. L. PATRICK SULLIVAN, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: May 1, 1985

Citations

467 So. 2d 1093 (Fla. Dist. Ct. App. 1985)

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